HR 653

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Suspend the Rules and Pass the Bill, H.R. 653, With an Amendment
(The amendment strikes all after the enacting clause and inserts a
new text)
114TH CONGRESS
2D SESSION
H. R. 653
To amend section 552 of title 5, United States Code (commonly known

as the Freedom of Information Act), to provide for greater public access
to information, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 2, 2015
Mr. ISSA (for himself, Mr. CUMMINGS, and Mr. QUIGLEY) introduced the following bill; which was referred to the Committee on Oversight and Government Reform
A BILL
To amend section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), to
provide for greater public access to information, and
for other purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,

3
SECTION 1. SHORT TITLE.
This Act may be cited as the FOIA Oversight and
5 Implementation Act of 2015 or the FOIA Act.
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2
1
SEC. 2. FREEDOM OF INFORMATION ACT AMENDMENTS.
(a) ELECTRONIC ACCESSIBILITY.Section 552 of
3 title 5, United States Code, is amended

4
(1) in subsection (a)
(A) in paragraph (2)
(i) by striking for public inspection
and copying each place it appears and in-
serting in an electronic, publicly acces-
sible format;
10
(ii) by striking ; and and inserting
11
a semicolon;
12
(iii) by striking subparagraph (E) and
13
inserting the following new subparagraphs:
14
(E) copies of all releasable records, regardless
15
of form or format, that have been requested three or
16
more times under paragraph (3); and
17
18
(F) a general index of the records referred to

under subparagraphs (D) and (E);; and
19
(iv) in the matter following subpara-
20
graph (F) (as added by clause (iii) of this
21
subparagraph)
22
(I) by striking subparagraph
23
(D) and inserting subparagraphs
24
(D) and (E);
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1
(II) by striking subparagraph
(E) and inserting subparagraph
(F); and
(B) in paragraph (7)
(i) in subparagraph (A)
(I) by striking that will take
longer than ten days to process; and
(II) by striking ; and and in-
serting a semicolon;
10
(ii) in subparagraph (B)
11
(I) by inserting automated
12
after provides; and
13
(II) by striking the period at the
14
end of clause (ii) and inserting ;
15
and; and
16
(iii) by adding at the end the fol-
17
lowing new subparagraph:
18
(C) provide a name, phone number, and email
19
address for an agency employee who can provide
20
current information about the status of each request
21
received.;
22
(2) in subsection (g), by striking make publicly
23
available upon request and inserting make avail-
24
able in an electronic, publicly accessible format;
25
and
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(3) by adding at the end the following new sub-
section:
(m) ELECTRONIC SUBMISSION OF REQUESTS.
(1) CONSOLIDATED
TAL.The
and Budget, in consultation with the Attorney Gen-
eral, shall ensure the operation of a consolidated on-
line request portal that allows a member of the pub-
lic to submit a request for records under subsection
10
(a) to any agency from a single website. The portal
11
may include any additional tools the Director of the
12
Office of Management and Budget finds will improve
13
the implementation of this section.
14
Director of the Office of Management
(2) RULE
OF
CONSTRUCTION.This
sub-
15
section shall not be construed to alter the power of
16
any other agency to create or maintain an inde-
17
pendent online portal for the submission of a request
18
for records under this section. The Director of the
19
Office of Management and Budget shall establish
20
standards for interoperability between the portal re-
21
quired under paragraph (1) and other request proc-
22
essing software used by agencies subject to this sec-
23
tion.
24
25
(3) EMAIL
19:49 Jan 10, 2016
REQUEST REQUIRED.At
a min-
imum, each agency shall accept requests for records
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under subsection (a) through an email address and
shall publish such email address on the website of
the agency..
(b) PRESUMPTION OF OPENNESS.
5
6
(1) AMENDMENTS.Section 552(b) of title 5,

United States Code, is amended
(A) in paragraph (5), by inserting after
with the agency the following: , excluding
(A) opinions that are controlling interpre-
10
tations of law;
11
(B) final reports or memoranda created
12
by an entity other than the agency, including
13
other Governmental entities, at the request of
14
the agency and used to make a final policy deci-
15
sion;
16
(C) guidance documents used by the
17
agency to respond to the public; and
18
(D) records or information created 25
19
years or more before the date on which a re-
20
quest is made under subsection (a)(3);;
21
(B) in paragraph (6), by striking similar
22
files and inserting personal information such
23
as contact information or financial informa-
24
tion; and
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1
(C) in the matter following paragraph
(9)
(i) by inserting before Any reason-
ably segregable portion the following: An
agency may not withhold information
under this subsection unless such agency
reasonably foresees that disclosure would
cause specific identifiable harm to an inter-
est protected by an exemption, or if disclo-
10
sure is prohibited by law.; and
11
(ii) by inserting before If technically
12
feasible, the following: For each record
13
withheld in whole or in part under para-
14
graph (3), the agency shall identify the
15
statute that exempts the record from dis-
16
closure.
17
(2) RULES
18
(A) INTELLIGENCE
SOURCES AND METH-
19
ODS.Nothing
20
this Act to section 552(b) of title 5, United
21
States Code, shall be construed to require the
22
disclosure of information that
23
such section; or
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in the amendments made by
(i) is exempt under paragraph (1) of
24
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OF CONSTRUCTION.
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1
(ii) would adversely affect intelligence
sources and methods that are protected by
an exemption under such section.
(B) PERSONAL
PRIVACY.For
purposes of
section 552(b)(6) of title 5, United States Code,
as amended by this Act, the term personal pri-
vacy may not be construed to include the
name of a Federal employee engaged in an offi-
cial duty of such employee.
10
(3) EXEMPTION
DECISION TRANSPARENCY.
11
Section 552(a)(6)(C)(i) of title 5, United States
12
Code, is amended by striking the fourth sentence
13
and inserting at the end the following: Any notifi-
14
cation of denial or partial denial of any request for
15
records under this subsection shall set forth each
16
name and title or position of each person responsible
17
for the denial or partial denial or any decision to
18
withhold a responsive record under subsection (b)..
19
(c) REQUESTS FROM CONGRESS.Section 552(d) of
20 title 5, United States Code, is amended by adding at the

21 end the following: In responding to requests from Con22 gress for information, an agency may not assert that infor23 mation may be withheld from Congress under this sec24 tion..
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1
(d) ASSESSMENT
OF
ATTORNEY FEES
AND
OTHER
2 LITIGATION COSTS.Section 552(a)(4)(E)(i) of title 5,

3 United States Code, is amended by striking The court
4 may and inserting The court shall.
5
6
(e) OFFICE
ICES.Section
OF
GOVERNMENT INFORMATION SERV-
552 of title 5, United States Code, is
7 amended
8
(1) in subsection (a)(4)(A)(i), by striking the
Director of the Office of Management and Budget
10
and inserting the Director of the Office of Manage-
11
ment and Budget, in consultation with the Director
12
of the Office of Government Information Services,;
13
and
14
(2) by amending subsection (h) to read as fol-
15
lows:
16
(h) OFFICE
17
GOVERNMENT INFORMATION SERV-
ICES.
18
(1) ESTABLISHMENT.There is established
19
the Office of Government Information Services with-
20
in the National Archives and Records Administra-
21
tion. The head of the Office is the Director of the
22
Office of Government Information Services.
23
(2) REVIEW
OF FOIA POLICY, PROCEDURE,
24
AND COMPLIANCE.The
25
formation Services shall
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1
(A) review policies and procedures of
agencies under this section;
(B) review compliance with this section
by agencies;
(C) identify methods that improve compli-
ance under this section that may include
(i) the timely processing of requests
submitted to agencies under this section;
(ii) the system for assessing fees and
10
fee waivers under this section; and
11
(iii) the use of any exemption under
12
subsection (b); and
13
(D) review and provide guidance to agen-
14
cies on the use of fees and fee waivers.
15
(3) MEDIATION
Office of
16
Government Information Services shall offer medi-
17
ation services to resolve disputes between persons
18
making requests under this section and agencies as
19
a non-exclusive alternative to litigation and may
20
issue advisory opinions at the discretion of the Office
21
or upon request of any party to such mediation serv-
22
ices.
23
(4) SUBMISSION
24
(A) IN
25
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OF REPORT.
GENERAL.The
Office of Govern-
ment Information Services shall not less than
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SERVICES.The
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1
annually submit to the committees described in
subparagraph (C) and the President a report on
the findings from the information reviewed and
identified under paragraph (2), a summary of
the Offices activities under paragraph (3) (in-
cluding any advisory opinions issued), and legis-
lative and regulatory recommendations to im-
prove the administration of this section.
(B) ELECTRONIC
10
PORTS.The
11
report submitted under subparagraph (A) in an
12
electronic, publicly accessible format.
13
Office shall make available any
(C) CONGRESSIONAL
SUBMISSION OF RE-
14
PORT.The
15
paragraph are the following:
committees described in this sub-
16
(i) The Committee on Oversight and
17
Government Reform of the House of Rep-
18
resentatives.
19
(ii) The Committees on Homeland
20
Security and Governmental Affairs and the
21
Judiciary of the Senate.
22
(D) DIRECT
23
AND TESTIMONY.Any
24
subparagraph (A), any testimony, or any other
25
communication to Congress shall be submitted
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AVAILABILITY OF RE-
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1
directly to the committees and the President,
without any requirement that any officer or em-
ployee outside of the Office of Government In-
formation Services, including the Archivist of
the United States and the Director of the Of-
fice of Management and Budget, review such
report, testimony, or other communication.
(5) SUBMISSION
TION.The
OF ADDITIONAL INFORMA-
Director of the Office of Government
10
Information Services may submit additional informa-
11
tion to Congress and the President that the Director
12
determines to be appropriate.
13
(6) ANNUAL
MEETING REQUIRED.Not
less
14
than once a year, the Office of Government Informa-
15
tion Services shall hold a meeting that is open to the
16
public on the review and reports by the Office and
17
permit interested persons to appear and present oral
18
or written statements at such meeting..
19
(f) PUBLIC RESOURCES.Section 552(a)(6) of title
20 5, United States Code, is amended

21
(1) in subparagraph (A)
22
(A) in clause (i), by striking of such de-
23
termination and the reasons therefor, and of
24
the right of such person to appeal to the head
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1
of the agency any adverse determination; and
and inserting the following: of
(I) such determination and the rea-
sons therefor;
(II) the right of such person to seek
assistance from the agency FOIA Public
Liaison; and
(III) the right of such person to ap-
peal to the head of the agency any adverse
10
determination, within a period determined
11
by the agency that is not less than 90 days
12
after the receipt of such adverse deter-
13
mination; and; and
14
(B) in clause (ii), by striking the period at
15
the end and inserting the following: and the
16
right of such person to seek dispute resolution
17
services from the agency FOIA Public Liaison
18
or the Office of Government Information Serv-
19
ices.;
20
(2) in subparagraph (B)
21
(A) by redesignating clause (iv) as clause
22
(v); and
23
(B) by inserting after clause (iii) the fol-
24
lowing new clause (iv):
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(iv) When an agency consults with
an entity with substantial interests in the
determination of a request (in this clause
referred to as the consulted entity):
(I) The agency shall notify the
requestor of the consultation in writ-
ing, including each of the following:
(aa) A brief description of
the consultation process.
10
(bb) The name of each con-
11
sulted entity, unless otherwise
12
prohibited by law.
13
(cc) An approximate num-
14
ber of pages, or other description
15
of the volume of records, that
16
each consulted entity is review-
17
ing.
18
(II) The agency shall notify the
19
consulted entity of the need to consult
20
in writing, including each of the fol-
21
lowing:
22
(aa) An approximate num-
23
ber of pages, or other description
24
of the volume of records, that the
25
entity is requested to review.
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(bb) A request to provide a
complete response within 15 days
after the date on which the noti-
fication is sent and a notice that
after the expiration of that time
period the agency will proceed
with the compliance of the re-
quest if a completed response is
not received.
10
(cc)
the
number
of
11
records in the consultation under
12
this clause exceeds 3,000 pages,
13
a notification that the consulted
14
entity shall have 15 days after
15
the date on which the notice is
16
sent to submit a substantial re-
17
sponse and that a response on at
18
least 3,000 pages not less than
19
every five days thereafter is re-
20
quired to continue the consulta-
21
tion period.
22
(dd) If the consulted entity
23
is unable or anticipates that the
24
entity will be unable to complete
25
the consultation within the time
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period described, a notification
that the consulted entity may re-
quest mediation services at the
Office of Government Informa-
tion Services to set an alternative
consultation schedule.
(III) If the requesting agency
has not received a completed request
within the time period described in
10
the consultation notice, the agency
11
shall request that the consulted entity
12
engage in mediation services with the
13
Office of Government Information
14
Services. If the consulted entity is an
15
agency, the consulted agency shall
16
agree to participate in mediation serv-
17
ices.
18
(IV) If the consulted entity re-
19
quests or agrees to engage in medi-
20
ation services, the requesting agency
21
shall notify the requester of the medi-
22
ation and the opportunity to partici-
23
pate in the mediation, if participation
24
is not otherwise prohibited by law.
25
The parties in the mediation shall de-
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termine a reasonable schedule of com-
pletion and a date by which the re-
questing agency shall complete the re-
sponse to the request.
(V) If the consulted entity does
not respond or rejects the offer to me-
diate an alternative schedule, the re-
questing agency shall complete the re-
sponse to the requester.
10
(VI) The previous provisions of
11
this clause shall not apply when the
12
consulted entity is an element of the
13
intelligence community (as defined in
14
section 3(4) of the National Security
15
Act of 1947 (50 U.S.C. 3003(4))).;
16
and
17
(3) in subparagraph (F), by striking any such
18
estimate to the person making the request, unless
19
providing such estimate would harm an interest pro-
20
tected by the exemption in subsection (b) pursuant
21
to which the denial is made. and inserting the fol-
22
lowing: to the person making the request the fol-
23
lowing:
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1
(i) Any such estimate, unless providing such esti-
2 mate would harm an interest protected by the exemption

3 in subsection (b) pursuant to which the denial is made.
4
(ii) A list of all records requested the provision of
5 which was denied, unless the disclosure of such record is

6 prohibited by law..
7
8
(g) ADDITIONAL DISCLOSURE

QUIREMENTS.Section
OF
INFORMATION RE-
552(a) of title 5, United States
9 Code, is amended by adding at the end the following new

10 paragraphs:
11
(8) DISCLOSURE
OF INFORMATION FOR INCREASED
12 PUBLIC UNDERSTANDING
OF THE
GOVERNMENT.Each
13 agency shall
14
(A) review the records of such agency to deter-
15
mine whether the release of the records would be in
16
the public interest because it is likely to contribute
17
significantly to public understanding of the oper-
18
ations or activities of the Government;
19
(B) for records determined to be in the public
20
interest under subparagraph (A), reasonably seg-
21
regate and redact any information exempted from
22
disclosure under subsection (b); and
23
(C) make available in an electronic, publicly
24
accessible format, any records identified in subpara-
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1
graph (A), as modified pursuant to subparagraph
(B).
(9) INCREASED DISCLOSURE
OF
INFORMATION.
4 Each agency shall

5
6
(A) make information public to the greatest

extent possible through modern technology to
(i) inform the public of the operations
and activities of the Government; and
(ii) ensure timely disclosure of informa-
10
tion; and
11
(B) establish procedures for identifying cat-
12
egories of records that may be disclosed regularly
13
and additional records of interest to the public that
14
are appropriate for public disclosure, and for posting
15
such records in an electronic, publicly accessible for-
16
mat..
17
(h) REPORT
ON
CATEGORIES
OF
INFORMATION
FOR
18 DISCLOSURE.Not later than one year after the date of

19 the enactment of this Act, and every two years thereafter,
20 the Director of the Office of Information Policy of the De21 partment of Justice, after consultation with agencies se22 lected by the Director, shall submit to the Committee on
23 Oversight and Government Reform of the House of Rep24 resentatives and the Committees on Homeland Security
25 and Governmental Affairs and the Judiciary of the Senate
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1 a report that identifies categories of records that would
2 be appropriate for proactive disclosure, and shall make
3 such report available in an electronic, publicly accessible
4 format.
5
(i) AGENCY FOIA REPORT.Section 552(e) of title
6 5, United States Code, is amended

7
(1) in paragraph (1)
(A) by inserting and to the Director of
the Office of Government Information Services
10
after the Attorney General of the United
11
States;
12
(B) in subparagraph (N), by striking ;
13
and and inserting a semicolon;
14
(C) in subparagraph (O), by striking the
15
period and inserting a semicolon; and
16
(D) by adding at the end the following new
17
subparagraphs:
18
(P) the number of times the agency invoked a
19
law enforcement exclusion under subsection (c);
20
(Q) the number of times the agency engaged
21
in dispute resolution with the assistance of the Of-
22
fice of Government Information Services or the
23
FOIA Public Liaison;
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(R) the number of records that were made
available in an electronic, publicly accessible format
under subsection (a)(2); and
(S) the number of times the agency assessed
a search or duplication fee under subsection
(a)(4)(A) and did not comply with a time limit
under subsection (a)(6).;
8
9
10
(2) by amending paragraph (3) to read as follows:

(3) ELECTRONIC ACCESSIBILITY
OF
REPORTS.
11 Each agency shall make each such report available in an

12 electronic, publicly accessible format. In addition, each
13 agency shall make the raw statistical data used in its re14 ports available in a timely manner in an electronic, pub15 licly accessible format. Such data shall be
16
17
(A) made available without charge, license, or

registration requirement;
18
19
(B) capable of being searched and aggregated;

and
20
21
(C)
to
be
downloaded
and
downloaded in bulk.;
22
23
(A) by striking Committee on Govern-
24
ment Reform and Oversight and inserting
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1
Committee on Oversight and Government Re-
form;
(B) by striking Governmental Affairs
and inserting Homeland Security and Govern-
mental Affairs; and
(C) by striking April 1 and inserting
March 1;
(A) by inserting and the Director of the
10
Office of Government Information Services
11
after the Director of the Office of Manage-
12
ment and Budget; and
13
(B) by striking by October 1, 1997; and
14
(5) by amending paragraph (6) to read as fol-
15
lows:
16
(6) ATTORNEY GENERAL FOIA REPORT.
17
(A) IN
Attorney General of
18
the United States shall submit to Congress and the
19
President an annual report on or before March 1 of
20
each calendar year which shall include for the prior
21
calendar year
22
(i) a listing of the number of cases aris-
23
ing under this section, including for each case,
24
as applicable
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1
(I) each subsection under this sec-
tion;
(II) each paragraph of each such
subsection;
(III) any exemption;
(IV) the disposition of such case;
and
(V) the cost, fees, and penalties as-
sessed under subparagraphs (E), (F), and
10
(G) of subsection (a)(4); and
11
(ii) a description of the efforts under-
12
taken by the Department of Justice to encour-
13
age agency compliance with this section.
14
(B) ELECTRONIC
15
Attor-
ney General of the United States
16
(i) shall make each report described
17
under subparagraph (A) available in an elec-
18
tronic, publicly accessible format; and
19
(ii) shall make the raw statistical data
20
used in each report available in an electronic,
21
publicly accessible format, which shall be
22
(I) made available without charge, li-
23
cense, or registration requirement;
24
(II) capable of being searched and
25
aggregated; and
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23
1
(III) permitted to be downloaded, in-
2
3
cluding downloaded in bulk..

(j)
SEARCH
OR
DUPLICATION
FEES.Section
4 552(a)(4)(A) of title 5, United States Code, is amended

5 by striking clause (viii) and inserting the following new
6 clause:
7
(viii)(I) Except as provided in subclause (II), an
8 agency shall not assess any search fees (or in the case
9 of a requester described under clause (ii)(II) of this sub10 paragraph, duplication fees) under this subparagraph if
11 the agency fails to comply with any time limit described
12 in paragraph (6).
13
(II)(aa) If an agency has determined that unusual
14 circumstances apply (as the term is defined in paragraph

15 (6)(B)) and the agency provided a timely written notice
16 to the requester in accordance with paragraph (6)(B), a
17 failure described in subclause (I) is excused for an addi18 tional 10 days. If the agency fails to comply with the ex19 tended time limit, the agency may not assess any search
20 fees (or in the case of a requester described under clause
21 (ii)(II) of this subparagraph, duplication fees).
22
(bb) If an agency has determined that unusual cir-
23 cumstances apply and more than 3,000 pages are nec24 essary to respond to the request, an agency may charge
25 search fees (or in the case of a requester described under
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24
1 clause (ii)(II) of this subparagraph, duplication fees) if the
2 agency has provided a timely written notice to the re3 quester in accordance with paragraph (6)(B) and the
4 agency has discussed with the requester via written mail,
5 electronic mail, or telephone (or made not less than 3
6 good-faith attempts to do so) how the requester could ef7 fectively limit the scope of the request in accordance with
8 paragraph (6)(B)(ii).
9
(cc) If a court has determined that exceptional cir-
10 cumstances exist (as that term is defined in paragraph

11 (6)(C)), a failure described in subclause (I) shall be ex12 cused for the length of time provided by the court order.
13
(ix) When assessing or estimating fees, agencies
14 shall provide a detailed explanation of the fee calculation,

15 including
16
17
(I) the actual or estimated number, as appropriate, of
18
(aa) records duplicated;
19
(bb) hours of searching;
20
(cc) files searched;
21
(dd) records searched;
22
(ee) custodians searched;
23
(ff) records reviewed; and
24
(gg) hours of review;
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25
1
2
(II) citations to the fee schedule for each category of fee assessed; and
(III) in the case of an estimate, the basis for
such estimate..
(k) GOVERNMENT ACCOUNTABILITY OFFICE.Sub-
6 section (i) of section 552 of title 5, United States Code,

7 is amended to read as follows:
8
(i) GOVERNMENT ACCOUNTABILITY OFFICE.The
9 Government Accountability Office shall

10
(1) conduct audits of administrative agencies
11
on compliance with and implementation of the re-
12
quirements of this section and issue reports detailing
13
the results of such audits;
14
(2) catalog the number of exemptions under
15
subsection (b)(3) and agency use of such exemp-
16
tions; and
17
(3) review and prepare a report on the proc-
18
essing of requests by agencies for information per-
19
taining to an entity that has received assistance
20
under title I of the Emergency Economic Stabiliza-
21
tion Act of 2008 (12 U.S.C. 5211 et seq.) during
22
any period in which the Government owns or owned
23
more than 50 percent of the stock of such entity..
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26
1
2
(l) CHIEF FOIA OFFICER RESPONSIBILITIES; COUNCIL;
REVIEW.Section 552 of title 5, United States Code,
3 is amended
4
(1) by striking subsections (j) and (k); and
(2) by inserting after subsection (i), the fol-
lowing new subsections:
(j) CHIEF FOIA OFFICER.
(1) DESIGNATION.Each agency shall des-
ignate a Chief FOIA Officer who shall be a senior
10
official of such agency (at the Assistant Secretary or
11
equivalent level).
12
(2) DUTIES.The Chief FOIA Officer of each
13
agency shall, subject to the authority of the head of
14
the agency
15
(A) have agency-wide responsibility for ef-
16
ficient and appropriate compliance with this
17
section;
18
(B) monitor implementation of this sec-
19
tion throughout the agency and keep the head
20
of the agency, the chief legal officer of the
21
agency, and the Attorney General appropriately
22
informed of the agencys performance in imple-
23
menting this section;
24
(C) recommend to the head of the agency
25
such adjustments to agency practices, policies,
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27
1
personnel, and funding as may be necessary to
improve the implementation of this section;
(D) review and report to the Attorney
General, through the head of the agency, at
such times and in such formats as the Attorney
General may direct, on the agencys perform-
ance in implementing this section;
(E) facilitate public understanding of the
purposes of the statutory exemptions of this
10
section by including concise descriptions of the
11
exemptions in both the agencys handbook
12
issued under subsection (g), and the agencys
13
annual report on this section, and by providing
14
an overview, where appropriate, of certain gen-
15
eral categories of agency records to which those
16
exemptions apply;
17
(F) serve as the primary agency liaison
18
with the Office of Government Information
19
Services and the Office of Information Policy;
20
and
21
(G) designate one or more FOIA Public
22
Liaisons.
23
(3) COMPLIANCE
24
19:49 Jan 10, 2016
REQUIRED.The
Chief FOIA Officer of each agency shall
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1
(A) review, not less than annually, all as-
pects of the agencys administration of this sec-
tion to ensure compliance with the requirements
of this section, including
(i) agency regulations;
(ii) disclosure of records required
under paragraphs (2), (8), and (9) of sub-
section (a);
(iii) assessment of fees and deter-
10
mination of eligibility for fee waivers;
11
(iv) the timely processing of requests
12
for information under this section;
13
(v) the use of exemptions under sub-
14
section (b); and
15
(vi) dispute resolution services with
16
the assistance of the Office of Government
17
Information Services or the FOIA Public
18
Liaison; and
19
(B) make recommendations as necessary
20
to improve agency practices and compliance
21
with this section.
22
(k) CHIEF FOIA OFFICERS COUNCIL.
23
(1) ESTABLISHMENT.There is established in
24
the executive branch the Chief FOIA Officers Coun-
25
cil (in this subsection, referred to as the Council).
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1
2
(2) MEMBERS.The Council shall consist of

the following members:
(A) The Deputy Director for Manage-
ment of the Office of Management and Budget.
(B) The Director of the Office of Infor-
mation Policy at the Department of Justice.
(C) The Director of the Office of Govern-
ment Information Services at the National Ar-
chives and Records Administration.
10
(D) The Chief FOIA Officer of each
11
agency.
12
(E) Any other officer or employee of the
13
United States as designated by the Co-Chairs.
14
(3) CO-CHAIRS.The Director of the Office of
15
Information Policy at the Department of Justice and
16
the Director of the Office of Government Informa-
17
tion Services at the National Archives and Records
18
Administration shall be the Co-Chairs of the Coun-
19
cil.
20
(4) SUPPORT
Administrator
21
of General Services shall provide administrative and
22
other support for the Council.
23
(5) CONSULTATION.In performing its duties,
24
the Council shall consult regularly with members of
25
the public who make requests under this section.
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30
1
2
(6) DUTIES.The duties of the Council include the following:
(A) Develop recommendations for increas-
ing compliance and efficiency under this sec-
tion.
(B) Disseminate information about agen-
cy experiences, ideas, best practices, and inno-
vative approaches related to this section.
(C) Identify, develop, and coordinate ini-
10
tiatives to increase transparency and compli-
11
ance with this section.
12
(D) Promote the development and use of
13
common performance measures for agency com-
14
pliance with this section.
15
(7) MEETINGS.
16
(A) REGULAR
Council
17
shall meet regularly and such meetings shall be
18
open to the public unless the Council deter-
19
mines to close the meeting for reasons of na-
20
tional security or to discuss information exempt
21
under subsection (b).
22
(B) ANNUAL
MEETINGS.Not
less than
23
once a year, the Council shall hold a meeting
24
that shall be open to the public and permit in-
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31
1
terested persons to appear and present oral and
written statements to the Council.
(C) NOTICE.Not later than 10 business
days before a meeting of the Council, notice of
such meeting shall be published in the Federal
Register.
(D) PUBLIC
AVAILABILITY OF COUNCIL
RECORDS.Except
as provided in subsection
(b), the records, reports, transcripts, minutes,
10
appendixes, working papers, drafts, studies,
11
agenda, or other documents that were made
12
available to or prepared for or by the Council
13
shall be made publicly available.
14
(E) MINUTES.Detailed minutes of each
15
meeting of the Council shall be kept and shall
16
contain a record of the persons present, a com-
17
plete and accurate description of matters dis-
18
cussed and conclusions reached, and copies of
19
all reports received, issued, or approved by the
20
Council..
21
(m) EXCLUDED RECORDS.Section 552(c) of title 5,
22 United States Code, is amended by adding at the end the

23 following new paragraph:
24
(4) An agency shall notify the Department of Jus-
25 tice in each instance records responsive to a request have
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32
1 been identified that the agency determines are not subject
2 to the requirements of this section under paragraphs (1),
3 (2), or (3) and shall provide the Department of Justice
4 with a detailed justification for such determination for
5 each such instance. The Department of Justice shall main6 tain records of each notification and justification received.
7 An agency may treat records created under this paragraph
8 as not subject to the requirements under this section..
9
(n) AGENCY PERFORMANCE; ADVERSE ACTIONS.
10
(1) IN
552 of title 5,
11
United States Code, is further amended by adding
12
at the end the following new subsection:
13
(n) AGENCY PERFORMANCE.
14
(1) PERFORMANCE
REVIEWS.Performance
15
appraisals under chapter 43 of this title shall include
16
consideration of the employees responsibility for,
17
and compliance with, this section as appropriate.
18
(2) AGENCY-WIDE
TRAINING.Each
agency
19
shall ensure agency employees receive annual train-
20
ing on the responsibilities of the agency under this
21
section, including the specific responsibilities of each
22
employee, such as responding promptly to requests
23
for records and providing all records that may be re-
24
sponsive to the request.
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33
1
(3) FOIA
agency
shall ensure agency employees directly responsible
for fulfilling the requirements under this section re-
ceive annual training on such requirements. The an-
nual training shall include statutory requirements
(such as time limits to respond to requests for
records, limitations on exemptions, and opportunities
for discretionary disclosure) and any changes to this
section or any interpretation of this section (such as
10
a regulation issued under this section).
11
(4) VIOLATION
OF FOIA.
12
(A) INTENTIONAL.An intentional viola-
13
tion of any provision of this section, including
14
any rule, regulation, or other implementing
15
guideline, by an officer or employee of an agen-
16
cy, as determined by the appropriate supervisor,
17
shall be forwarded to the Inspector General of
18
the agency for a verification of the violation,
19
and upon verification, such officer or employee
20
shall be subject to the suspension and removal
21
provisions under subchapter II or V of chapter
22
75.
23
(B)
UNAUTHORIZED
WITHHOLDING.
24
The withholding of information in contravention
25
of the requirements of this section, including
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January 10, 2016 (7:49 p.m.)
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19:49 Jan 10, 2016
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34
1
any rule, regulation, or other implementing
guideline, as determined by the appropriate su-
pervisor, shall be a basis for disciplinary action
in accordance with subchapter I, II, or V of
chapter 75, as the case may be..
(2) REGULATIONS.The Office of Personnel
Management shall ensure that any performance ap-
praisal system established pursuant to chapter 43 of
title 5, United States Code, shall include the require-
10
ments of section 552(n)(1) of such title (as added by
11
paragraph (1)).
12
(o) REGULATIONS; GAO STUDY; SYSTEM OF RECORD
13 NOTICE.
14
(1) REVISION
REGULATIONS.Not
later
15
than 180 days after the date of the enactment of
16
this Act, the head of each agency shall review the
17
regulations of such agency and shall issue regula-
18
tions on procedures for the disclosure of records
19
under section 552 of title 5, United States Code, in
20
accordance with the amendments made by this sec-
21
tion. The regulations of each agency shall include
22
(A) procedures for engaging in dispute res-
23
olution; and
24
(B) procedures for engaging with the Of-
25
fice of Government Information Services.
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35
1
(2) GAO
later
than 18 months after the date of the enactment of
this Act, the Comptroller General shall
(A) conduct a study of not less than five
agencies to assess the feasibility of imple-
menting a policy requiring non-custodians to
search for records to meet the requirements of
section 552 of title 5, United States Code, and
requests for documents from Congress; and
10
(B) submit a report on such assessment to
11
the Committee on Oversight and Government
12
Reform of the House of Representatives and
13
the Committee on the Judiciary of the Senate
14
detailing the results of such study.
15
(3) OFFICE
OF
GOVERNMENT
INFORMATION
16
SERVICES REPORT.Not
17
the date of the enactment of this Act, the Office of
18
Government Information Services shall submit to
19
Congress a report on agency compliance with the re-
20
quirements of this subsection.
21
(4) AGENCY
later than 270 days after
SYSTEM OF RECORDS NOTICE RE-
22
QUIRED.Not
23
the enactment of this Act, the head of each agency
24
shall publish in the Federal Register a system of
25
records notice as defined in section 552a of title 5,
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January 10, 2016 (7:49 p.m.)
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36
1
United States Code, which allows the Office of Gov-
ernment Information Services access to records to
the extent necessary to meet the requirements of
this Act, and the amendments made by this Act.
(5) REPORT
ON NONCOMPLIANCE.Not
later
than 270 days after the date of the enactment of
this Act, the head of an agency that does not meet
the requirements of paragraph (1) shall submit to
Congress a report on the reason for noncompliance.
10
(6) INSPECTOR
GENERAL REVIEW FOR NON-
11
COMPLIANCE.Any
12
the requirements of this subsection shall be reviewed
13
by the Office of Inspector General of such agency
14
for compliance with section 552 of title 5, United
15
States Code.
16
(7) AGENCY
agency that fails to comply with
DEFINED.In
this section, the
17
term agency has the meaning given such term in
18
section 552(f) of title 5, United States Code.
19
SEC. 3. INSPECTOR GENERAL REVIEW.
20
(a) PERIODIC REVIEW.The Inspector General of
21 each agency (as such term is defined in section 552(f) of

22 this title 5, United States Code) shall
23
(1) periodically review compliance with the re-
24
quirements of section 552 of title 5, United States
25
Code, including the timely processing of requests,
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37
1
assessment of fees and fee waivers, and the use of
exemptions under subsection (b) of such section; and
(2) make recommendations the Inspector Gen-
eral determines to be necessary to the head of the
agency, including recommendations for disciplinary
action.
(b) REQUIRED FREQUENCY
CIES.The
FOR
CERTAIN AGEN-
Inspector General of each agency (as such
9 term is defined in section 901 of title 31, United States

10 Code) shall complete the review and make the rec11 ommendations required under subsection (a) not less than
12 once every two years.
13
SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED.
14
No additional funds are authorized to carry out the
15 requirements of this Act and the amendments made by

16 this Act. Such requirements shall be carried out using
17 amounts otherwise authorized.
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F:\M14\CHAFFE\H653_SUS.

To amend section 552 of title 5, United States Code (commonly known

IN THE HOUSE OF REPRESENTATIVES

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the FOIA Oversight and

5 Implementation Act of 2015 or the FOIA Act.

19:49 Jan 10, 2016

SEC. 2. FREEDOM OF INFORMATION ACT AMENDMENTS.

(a) ELECTRONIC ACCESSIBILITY.Section 552 of

3 title 5, United States Code, is amended

(1) in subsection (a)

(A) in paragraph (2)

(i) by striking for public inspection

and copying each place it appears and in-

serting in an electronic, publicly acces-

(ii) by striking ; and and inserting

(iii) by striking subparagraph (E) and

inserting the following new subparagraphs:

(E) copies of all releasable records, regardless

of form or format, that have been requested three or

more times under paragraph (3); and

(F) a general index of the records referred to

(iv) in the matter following subpara-

graph (F) (as added by clause (iii) of this

(I) by striking subparagraph

(D) and inserting subparagraphs

(D) and (E);

19:49 Jan 10, 2016

(II) by striking subparagraph

(E) and inserting subparagraph

(B) in paragraph (7)

(i) in subparagraph (A)

(I) by striking that will take

longer than ten days to process; and

(II) by striking ; and and in-

(ii) in subparagraph (B)

(I) by inserting automated

after provides; and

(II) by striking the period at the

end of clause (ii) and inserting ;

(iii) by adding at the end the fol-

lowing new subparagraph:

(C) provide a name, phone number, and email

address for an agency employee who can provide

current information about the status of each request

(2) in subsection (g), by striking make publicly

available upon request and inserting make avail-

able in an electronic, publicly accessible format;

19:49 Jan 10, 2016

(3) by adding at the end the following new sub-

(m) ELECTRONIC SUBMISSION OF REQUESTS.

and Budget, in consultation with the Attorney Gen-

eral, shall ensure the operation of a consolidated on-

line request portal that allows a member of the pub-

lic to submit a request for records under subsection

(a) to any agency from a single website. The portal

may include any additional tools the Director of the

Office of Management and Budget finds will improve

the implementation of this section.

Director of the Office of Management

section shall not be construed to alter the power of

any other agency to create or maintain an inde-